- 9 - was 23 years of age, and we find she lived apart from petitioner in 1995. She received wages in the amount of $14,697. She filed an income tax return for the 1995 tax year wherein she claimed a personal exemption for herself and a dependency exemption deduction for a child whom she classified as a "stepdaughter". Mariatu was not a full-time student as defined by section 151(c)(4) and received wages in excess of the exemption amount for 1995. Respondent is sustained on this issue. 2. Filing Status The second issue for decision is whether petitioner is entitled to head-of-household filing status for the 1995 and 1996 tax years. In order to qualify for head-of-household filing status, petitioner must satisfy the requirements of section 2(b). Pursuant to that section, and as relevant herein, an individual must not be married at the close of the taxable year and must either maintain as his home a household which constitutes for more than one-half of such taxable year the principal place of abode of (1) a child of the taxpayer, or (2) any other person who is a dependent of the taxpayer, if the taxpayer is entitled to a deduction for the taxable year for such person under section 151. See sec. 2(b)(1)(A); Perez v. Commissioner, T.C. Memo. 1998-442. Petitioner's daughter, Mariatu, did not reside with petitioner during 1995 or 1996. We have also previously held that petitioner is not entitled to the claimed dependencyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011